Los Angeles Retaliation Attorney

In employment law, retaliation refers to an employer punishing an employee for taking action against discrimination, safety code violations, harassment, fraud, embezzlement, or other illegal activity in the workplace. Retaliation can take many forms, including an employer firing the employee, demoting him/her, or making the workplace too hostile for the employee to stand. If you have been a victim of workplace retaliation, The Law Office of Omid Nosrati can help stand up against your employer in Los Angeles. Retaliation is a complicated area of law and claims can be time sensitive, so it is imperative to seek legal advice as early as possible.

Types of Retaliation:

After Taking FMLA leave

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees unpaid leave each year. It can be up to 3 months, for specific medical reasons and/or issues concerning their family.

After Reporting Fraud

This can happen after an employee reports illegal actions taking place by their employer. The company may take it out on the employee in a variety of ways which could include getting wrongfully terminated or demoted.

Retaliation can take many forms after an employee reports harassment or retaliation. This can include effects include firing, demotion, relocation, reduction in hours, and much more.

After Taking Medical Leave

Every employee is entitled to take medical leave, but in some cases they could face a backlash from their employer which is against the law.

Firing an Employee

One of the most obvious forms of retaliation is an employer terminating an employee’s job unlawfully. California has “at-will” employment laws that make it legal for employers to fire employees at will, for almost any reason or no reason at all. However, this does not give employers the right to fire a worker based on discrimination or retaliation. Retaliatory job termination might come after the employee reported safety violations to the Occupational Safety and Health Administration (OSHA) or workplace discrimination/harassment to the Equal Employment Opportunity Commission (EEOC).

If an employer fires someone to punish the person, it is unlawful retaliation. Wrongful termination is a sector of its own in employment law, with attorneys prepared to take these specific cases. Wrongful termination can end a career, hurt the odds of getting another job, and put a family through financial hardship. Luckily, you have rights as a wrongfully terminated employee and the victim of retaliation in the workplace. You can pursue a claim against your employer and obtain justice for the damages you have suffered. Wrongful termination can also apply if an employer makes your workplace so hostile or intolerable that you’re forced to quit.

Docking an Employee’s Pay

Adverse impacts to the worker’s pay as punishment is another form of unlawful retaliation. This can include reducing the employee’s wages, demoting the worker, or scheduling the employee fewer hours. Docked pay because you made a complaint about your employer qualifies as retaliation. Adversely impacting your paychecks because you “blew the whistle” on employer actions is unlawful retaliation whether your complaint turned out to have merit or not.

Limiting an Employee’s Opportunities

Sometimes retaliation doesn’t come in the form of direct termination or pay cuts. Sometimes, the actions are more subtle. Yet even minor changes in employment can have major impacts on the employee. Retaliation can come in the form of excluding the employee from staff meetings, failing to give the employee promotion opportunities or otherwise limiting career opportunities. If you notice you’ve run into many more closed doors at work than you did before you filed a complaint, you could be the victim of retaliation.